The criminal case against former Free State Premier Ace Magashule took another dramatic turn this week.
As the trial within a trial in the R255-million asbestos roof removal scandal threatened to drag on longer than expected, more accused parties want to join the fray and question state witnesses.
At the heart of the dispute is Moroadi Cholota, Magashule’s former personal assistant, who is currently fighting extradition from the US. She is caught in a legal tug-of-war over whether she ever agreed to be a state witness, as the prosecution claims.
Focus on email communication
During cross-examination, Cholota’s legal team exposed email communications showing she never agreed to testify against Magashule or anyone else, contradicting the state’s position.
On Monday, the court heard that she allegedly only found out she was listed as a state witness through media reports.
The first state witness, an investigator who has been on the case from day one, painted Cholota as uncooperative during two meetings held in September 2021.
The court heard she either refused to answer key questions or responded evasively. This was particularly around emails she authored relating to the controversial contract.
“We never forced or intimidated Cholota,” the witness insisted. “We accommodated her and informed her about her rights.”
Defence not convinced
But Cholota’s lawyer, Lerato Marapela, wasn’t convinced.
“What is the meaning of pushing? Do you push all your witnesses? It’s important to establish this because we are dealing with cooperation,” she asked pointedly. She was questioning whether Cholota was being manipulated or cornered into compliance.
To complicate matters, Magashule’s legal team has now entered the trial within a trial. His attorney, Lourence Hodes, is requesting the right to cross-examine the witness too.
“My Lord, we would also like to cross-examine the witness, as my client is mentioned. This is to avoid calling for another trial within a trial,” said Hodes in court.
The state is standing firm, arguing that South African courts cannot interfere with the US extradition ruling. The cross-examination of the lead investigator resumes on Tuesday.
